Parliament Act (ParlA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 163 Duties and appointment
1 The Federal Assembly may in its exercise of supervisory control, if events of importance require investigation, appoint a joint Parliamentary Investigation Committee (PInC) of both councils for the purposes of investigating the circumstances or of obtaining additional information on which to base its assessment. 2 Appointment is by simple Federal Decree following consultation with the Federal Council. The decree shall determine the mandate of the investigation committee and the financial resources available to it.
Art. 164 Organisation
1 The investigation committee shall comprise an equal number of members from each council. 2 For the election of the members and of the chairpersons and for the decision-making procedure, Article 43 paragraphs 1–3 and Article 92 paragraphs 1 and 2 apply respectively by analogy. 3 The investigation committee shall have its own secretariat. The required staff are made available by the Parliamentary Services. The committee may appoint further staff in accordance with the provisions of the Code of Obligations.
Art. 165 Procedure
1 On the basis of its mandate and of the law, the investigation committee shall take the procedural measures required for its investigations. 2 The authorities of the Confederation and the cantons must provide the investigation committee with the administrative and legal assistance that it requires. 3 Minutes shall be taken of the principal procedural events.
Art. 166 Rights to information
1 For the fulfilment of its mandate as stipulated in the Federal Decree, the investigation committee has the same rights to information as the delegations to the supervisory committees (Art. 150 and 153–156). 2 In individual cases, the investigation committee may appoint an investigating officer to gather evidence. Investigating officers shall work in accordance with the mandate and the directives of the committee. 3 The investigation committee is not permitted to delegate the right to interview witnesses to the investigating officers. 4 Persons questioned by the investigating officer have the right to refuse to make a statement or to hand over documents. In such cases, such persons shall be interviewed by the investigation committee. 5 For the gathering of evidence, Articles 42–48 and 51–54 of the Federal Act of 4 December 1947 on Federal Civil Procedure apply by analogy, provided there is no provision to the contrary in this Act.
Para. 5 — SR 273
Art. 167 Rights of the Federal Council
1 The Federal Council has the right to attend the questioning of persons providing information and of witnesses and to ask additional questions as well as to inspect documents that have been handed over together with expert opinions and the transcripts of interviews conducted by the investigation committee. 2 It may express its views on the result of the investigation before the investigation committee and in a report to the Federal Assembly. 3 The Federal Council shall appoint one of its members to act on its behalf in dealings with the investigation committee. The member may for the purpose of exercising the rights of the Federal Council in accordance with paragraph 1 appoint a suitable liaison person.
Art. 168 Rights of persons concerned
1 The investigation committee shall identify the persons whose interests are directly affected by the investigation and inform these persons without delay about the investigation. They shall be accorded the right conferred by Article 167 paragraph 1, to the extent that they are affected. 2 The investigation committee may restrict or revoke the rights of the person concerned to be present at hearings and to inspect files if this is required in the interests of the ongoing investigation or for the protection of third parties. In such cases, the committee shall inform the person concerned, either verbally or in writing, of the essential content of statements made or documents and give the person the opportunity to express his or her views thereon and to indicate further evidence. 3 Evidence that is not made known to a person concerned may not be used against that person. 4 The investigation committee may permit a person concerned, at their request, to be accompanied by a lawyer for the en
Art. 169 Obligation of secrecy
1 Any person who participates in meetings and interviews is subject to the obligation of secrecy until the report to the Federal Assembly is published. Persons questioned are in particular not permitted to report to their superiors on the questioning or on requests for documents. 2 After the submission of the report, the general provisions on the confidentiality of committee meetings apply. 3 The president and the vice-president of the investigation committee, or if they are no longer members of the council, the president and the vice-president of the Control Delegation shall decide on applications to inspect files during the protective period that applies in terms of Articles 9–12 of the Archiving Act of 26 June 1998.
Para. 3 — SR 152.1
Art. 170 Perjury by witnesses and expert witnesses
1 Any person who appears as a witness in proceedings before the investigation committee and gives false evidence or appears as an expert witness and provides a false report or a false expert opinion shall be liable to the penalties provided under Article 307 of the Swiss Criminal Code. 2 Any person who refuses without lawful reason to make a statement or to hand over documents shall be liable to the penalties provided under Article 292 of the Swiss Criminal Code. 3 Offences, including breach of the obligation of secrecy in terms of Article 169 paragraph 1, are subject to federal jurisdiction.
Para. 1 — SR 311.0
Art. 171 Effect on other proceedings and investigations
1 If the Federal Assembly has decided to appoint an investigation committee, no other committee is permitted to conduct further investigations into the events that are the subject of the mandate of the investigation committee. 2 The appointment of an investigation committee shall not prevent the conduct of civil or administrative court proceedings or of preliminary investigations and court proceedings under criminal law. 3 Disciplinary or administrative inquiries at federal level that relate to matters or persons that are or have been the subject of a parliamentary investigation may only be initiated with the authorisation of the investigation committee. Ongoing proceedings must be suspended until the investigation committee authorises their continuation. 4 In the event of any dispute as to whether authorisation is required, the investigation committee decides. If the investigation committee has been disbanded, the president and the vice-president of the Control Delegation decide.
Para. 3 — Term in accordance with No I of the FA of 17 Dec. 2004, in force since 1 May 2005 (AS 2005 4793; BBl 2004 1469, 1477).